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New York law offers a set of complementary frameworks, each designed for a different stage of illness and a different level of need. Understanding how those frameworks fit together is the key to effective planning.
Special Needs Planning

When One Legal Tool Is Not Enough: Navigating New York’s Mental Health Laws for Individuals with Serious Mental Illness

By Melissa L. Steinberg, Esq. When a family member has a serious mental illness — schizophrenia, schizoaffective disorder, bipolar disorder, or another condition that can cause recurring crises — families often come to an attorney looking for a single, definitive legal solution. They want to know: Can we get guardianship? Can we force treatment? Can…

From an estate planning perspective, thoughtful preparation for an emergency hospitalization can reduce stress, protect your wishes, and ensure that your loved ones are able to help when you need them most.
Elder Law & Estate Planning

Planning for Emergency Hospitalizations: An Estate Planning Perspective

By Amy C. O’Hara, Certified Elder Law Attorney No one expects to be hospitalized suddenly. Yet accidents, unexpected illnesses, or medical crises can happen at any time. While we cannot control when emergencies occur, we can prepare for them. From an estate planning perspective, thoughtful preparation for an emergency hospitalization can reduce stress, protect your wishes,…

Understanding the warning signs of capacity gives you a framework to navigate the aging process with dignity and respect.
Elder Law & Estate Planning

Protecting Independence While Planning Ahead: Understanding Capacity in New York

By: Melissa L. Steinberg, Esq. When does “I’ve got it” quietly turn into “I might need help?” For many adult children, the shift isn’t obvious. It shows up in subtle ways: a missed payment, a confusing phone call, a new “friend” getting unusually involved. At the heart of these situations are questions of “capacity.” Understanding…

Planning for the future is not solely a legal task – it is an emotional journey that requires clarity, trust, and support.
Elder Law & Estate Planning

The Emotional Side of Planning for the Future and Why Support Matters

By Francesca Dumont According to a 2025 Pew Research Center study, only about 31% of Americans have a will or advance directive documents as part of their estate plans. This means that the majority of individuals have not put any formal estate plan in place for their future. Estate planning attorneys serve a dual role…

As a child with disabilities approaches adulthood, families face an important transition.
Special Needs Planning

Planning for a Child with Disabilities Who Is Approaching Adulthood

By: Jessica A. Saio, Esq. As a child with disabilities approaches adulthood, families face an important transition. At age 18, individuals are presumed to have the right to make their own decisions and parents no longer have decision-making authority. Without proper planning, parents may lose the ability to make medical, financial, or other critical decisions…

New York’s Medicaid rules are complex, and without proper planning, individuals and families can make costly mistakes that delay eligibility and unnecessarily deplete assets.
Elder Law & Estate Planning

The Five Biggest Medicaid Planning Mistakes — and How to Avoid Them

By: Brian L. Miller, Esq., CELA Planning for long-term care requires more than simply meeting Medicaid’s income and asset limits. New York’s Medicaid rules are complex, and without proper planning, individuals and families can make costly mistakes that delay eligibility and unnecessarily deplete assets. Whether you are planning in advance or facing an immediate need…

While co-fiduciaries can offer several advantages, there are also important drawbacks to consider.
Elder Law & Estate Planning

The Pros and Cons of Co-Fiduciaries in Estate Planning

By: Joel Krooks, Esq. In estate planning, a fiduciary is someone entrusted with managing another person’s assets and affairs, often serving as an executor, trustee, or power of attorney. Many individuals consider appointing co-fiduciaries—two or more people sharing fiduciary responsibility—to ensure a balance of perspectives and safeguard decision-making. Many clients express a desire to treat…

Disinheriting a family member is a sensitive and often emotional topic. It must be handled carefully.
Elder Law & Estate Planning

Disinheriting a Family Member from Your Estate Plan

By Amy C. O’Hara Disinheriting a family member is a sensitive and often emotional topic. It must be handled carefully. Many people assume that they are entirely free to leave their property to whomever they choose. However, New York law has specific rules that protect spouses and restrict the ability to disinherit them. Understanding who…

New York State has released several important Medicaid policy updates that will take effect in 2026.
Elder Law & Estate Planning

New York Medicaid Updates for 2026: What You Need to Know

By Brian L. Miller, Esq., CELA New York State has released several important Medicaid policy updates that will take effect in 2026. These changes affect how transfer penalties are calculated, whether applicants must pursue other benefits, and the financial eligibility standards used in Medicaid budgeting. Here’s a practical overview of what has changed—and why it…

As you celebrate this holiday season, consider how thoughtful planning today can provide peace of mind tomorrow.
Elder Law & Estate Planning

Holiday Reflections: The Importance of Elder Law & Special Needs Planning and Checking In on Loved Ones

By: Jessica Saio As the holiday season unfolds, we often find ourselves gathering with family, reflecting on the past year, and planning for the future. These moments are a powerful reminder to consider the long-term well-being of our aging family members, relatives with special needs, and other loved ones who may require extra care and…